AP-76,864 VASQUEZ, EX PARTE GUADALUPE FROM LUBBOCK COUNTY

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

EX PARTE GUADALUPE VASQUEZ, Applicant

CAUSE NO. 2004-404,954 IN THE 137TH DISTRICT COURT

FROM LUBBOCK COUNTY

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of assault on a public servant and aggravated assault on a public servant, and he was sentenced, respectively, to concurrent terms of ten years and ninety-nine years in prison. The Seventh Court of Appeals affirmed the convictions in an unpublished opinion. Vasquez v. State, No. 07-04-000482-CR (Tex. App. – Amarillo del. Aug. 19, 2005).
Applicant contends he was denied his right to pursue a petition for discretionary review from the appellate court’s decision. Appellate counsel has provided an affidavit regarding the claim, and based on that affidavit, the trial court has entered findings of fact and conclusions of law recommending relief be granted. See Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997).

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AP-76,863 CASSELMAN, EX PARTE SCOTTY MURL FROM SCURRY COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant entered an open plea of guilty to possession of a controlled substance in a drug free zone, and was sentenced to forty years’ imprisonment. Continue reading
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AP-76,861 LANE, EX PARTE CLAUDE FREDERICK FROM TARRANT COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of sexual assault and sentenced to life imprisonment on each count. The Second Court of Appeals affirmed his convictions. Lane v. State, No. 02-08-00309-CR (Tex. App.-Fort Worth April 29, 2010, no pet.). Continue reading
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AP-76,843 BONHAM, EX PARTE JAMES TIMOTHY FROM HUNT COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of thirteen charges of forgery, four charges of fraudulent use or possession of identifying information, and one charge of manufacture with intent to sell a counterfeit instrument. Pursuant to a plea agreement, Applicant was sentenced to twenty years’ imprisonment for each charge. He did not appeal his convictions. Continue reading
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AP-76,842 GULLATT, EX PARTE HERMAN JR. FROM NAVARRO COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of methamphetamine and sentenced to sixty years’ imprisonment. The Tenth Court of Appeals affirmed his conviction. Gullatt v. Texas, 10-09-00244-CR, 2011 Tex. App. LEXIS 6807 (Tex. App.-Waco August 24, 2011)(published). Continue reading
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AP-76,841 SALAS, EX PARTE ALBERT IBARRA FROM TARRANT COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to thirty years’ imprisonment. The Second Court of Appeals affirmed his conviction. Salas v. State, No. 02-04-00280-CR (Tex. App.-Fort Worth 2005, no pet.). Continue reading
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AP-76,840 BATES, EX PARTE SCOTTY RAY FROM ANDERSON COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of theft and sentenced to two years’ imprisonment.
Applicant contends that his trial counsel rendered ineffective assistance because he failed to timely advise the Applicant of his right to appeal. The Applicant further alleges that counsel’s failure to advise him of his appellate rights caused him to miss the deadline for filing a notice of appeal and for appellate counsel to be untimely appointed by the trial court. We remanded this application to the trial court for findings of fact and conclusions of law. Continue reading
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AP-76,839 ESPARZA, EX PARTE REYNALDO ROBERTO FROM WEBB COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts of murder, two counts of aggravated kidnapping, and two counts of engaging in organized criminal activity and was sentenced to ninety-nine years’ imprisonment. Continue reading
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AP-76,838 GONZALES, EX PARTE RUDY FROM RANDALL COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of driving while intoxicated and sentenced to fifty years’ imprisonment. The Seventh Court of Appeals affirmed his conviction. Gonzales v. State, No. 07-10-0310-CR (Tex. App. – Amarillo, May 10, 2011). Continue reading
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AP-76,837 MARCHBANKS, EX PARTE WILLIAM EDWARD FROM TARRANT COUNTY

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

EX PARTE WILLIAM EDWARD MARCHBANKS, Applicant

CAUSE NO. 1188975R IN THE CRIMINAL DISTRICT COURT NO. 1

FROM TARRANT COUNTY

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault against a public servant and aggravated robbery and was sentenced to concurrent terms of thirty-eight and thirty-five years’ imprisonment, respectively. The Second Court of Appeals affirmed the convictions in a published opinion. Marchbanks v. State, 341 S.W.3d 559, No. 02-10-00134-CR (Tex. App. – Fort Worth 2011).
Applicant contends he was not advised of his right to file a pro se petition for discretionary review. Appellate counsel filed an affidavit with the trial court. Based on that affidavit, the trial court has entered findings of fact and conclusions of law recommending that relief be granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997). The findings and recommendation are supported by the writ record provided to this Court.

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AP-76,836 ROBINSON, EX PARTE MANUEL LOUIS FROM MCLENNAN COUNTY

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life imprisonment. The Eleventh Court of Appeals affirmed his conviction. Robinson v. State, No. 11-10-00196-CR (Tex. App.-Eastland Dec. 22, 2011) (unpublished). Continue reading
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05-11-00413-CR Horton, Latasha Ann v. The State of Texas – Pub.

Before Justices FitzGerald, Murphy, and Fillmore

Opinion By Justice Fillmore

Latasha Ann Horton appeals her conviction for forgery of a financial instrument. After the jury found her guilty, the trial court sentenced Horton to one year of confinement. In two related issues, Horton contends the evidence is legally insufficient to support the State’s allegation that she presented a forged check that “purported to be a copy of an original when no such original existed.” We agree with Horton, reverse the trial court’s judgment, and render a judgment of acquittal. Continue reading
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05-11-00146-CR Garza, Robert Rey v. The State of Texas

Before Chief Justice Wright and Justices Bridges and Myers

Opinion By Chief Justice Wright

Robert Rey Garza was charged with two offenses of aggravated sexual assault of a child under 14 years of age. Initially, Garza pleaded not guilty to the charges. However, after the trial court granted appellant’s motion to quash the jury panel, Garza waived a jury trial, changed his plea to nolo contendere, and pleaded true to one enhancement paragraph in each case. After finding appellant guilty, the trial court assessed punishment at twenty five years’ imprisonment in each case. The court also assessed a $5,000 fine in cause no. 05-11-00146-CR. Continue reading
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04-11-00603-CR Bernard Troy Walker v. The State of Texas–Appeal from 437th Judicial District Court of Bexar County

On May 18, 2011, appellant Bernard Troy Walker entered a plea of guilty to the offense of murder. Walker subsequently filed a motion for return of property, seeking to recover $2,000.00 found in the vehicle Walker was driving the night of the murder. The trial court denied the motion and this appeal ensued. On appeal, Walker contends the trial court erred in denying his motion. We affirm the trial court’s judgment.

BACKGROUND

Based on the stipulated facts attached to Walker’s plea agreement, the facts of the night in question are as follows. [1] On September 13, 2008, Walker arranged to meet Isaac Vela to sell marijuana to Vela. According to witnesses at the scene, Vela entered Walker’s vehicle. After several minutes, Walker shot Vela multiple times. Walker was arrested for the murder, his vehicle was impounded, and a search warrant was obtained to collect evidence from the vehicle. During the search of the vehicle, officers found $2,000.00 (one hundred twenty dollar bills) between the front seats. Walker claims this money was his and because the State did not file an Article 59 forfeiture proceeding, he was entitled to return of the money. See TEX.CODE CRIM. PROC.ANN. art. 59 (West Supp. 2011). The State, on the other hand, contends Walker failed to prove he had a greater right of possession and the facts equally support a finding that the money was brought to the scene of the crime by the deceased. Continue reading
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04-11-00560-CR Clarence Wes Curl, Jr. v. The State of Texas–Appeal from 2nd 25th Judicial District Court of Guadalupe County

Appellant Clarence Wes Curl Jr. appeals his convictions for aggravated sexual assault and other charges. He raises two issues on appeal: (1) the trial court violated his Fifth Amendment rights by admitting testimony regarding Curl’s exercise of his right to remain silent; and (2) his trial counsel’s failure to object to the testimony constituted ineffective assistance of counsel. We affirm the trial court’s judgment.

BACKGROUND

On March 24, 2008, Corporal Scott Johnson of the San Marcos Police Department was assigned a case regarding the sexual assault of minor J.M. that occurred over several years. [1] As an expert on criminal investigations of child abuse and sexual assaults of children, the case was assigned to Corporal Johnson. Corporal Johnson had known Curl for several years through their church, and Curl had even called him about an unrelated case the previous month. During that conversation, Curl relayed his concern regarding his ex-wife orchestrating something in another county. Corporal Johnson explained that because the allegations involved incidents in a different county, he would not have any information about the case. Continue reading
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04-11-00495-CR Dillon Emanuel Powell v. The State of Texas–Appeal from 198th Judicial District Court of Kimble County

Sandee Bryan Marion, Justice Rebecca Simmons, Justice Marialyn Barnard, Justice

A jury convicted appellant Dillon Emanuel Powell of felony money laundering. On appeal, Powell asserts: (1) the indictment was defective for failing to provide sufficient notice; (2) the evidence was legally insufficient; and (3) the trial court erred in denying Powell’s motion to suppress. We affirm the trial court’s judgment.

BACKGROUND

On March 25, 2010, Investigator Shannon Conklin stopped a vehicle for following too closely and registration violations. Due to heavy traffic, Investigator Conklin approached the passenger side of the vehicle. The driver, Powell, identified himself and provided Investigator Conklin a Maryland driver’s license and paperwork on the vehicle, which was owned by Powell’s employer, Low Budget Auto Sales. Powell explained he was traveling from Houston to Phoenix to see his sick step-father. When questioned further, Powell told Investigator Conklin he was going to Oro Valley, but Investigator Conklin knew, from personal experience, that Oro Valley was actually a suburb of Tucson, not Phoenix. Continue reading
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04-11-00241-CR Shann Alaric Rowan v. The State of Texas–Appeal from 399th Judicial District Court of Bexar County

Appellant Shann Alaric Rowan was convicted by a jury of murder and assessed a punishment of confinement in the TDCJ-ID for a term of ninety-nine years. On appeal Rowan asserts that the trial court erred by allowing a potentially biased venire member to sit on the jury, thus denying his right to a fair and impartial trial. We affirm the trial court’s order and judgment.

BACKGROUND

During voir dire, Rowan’s counsel asked venire member Frank Aguilar where he worked. Aguilar responded that he worked part-time for the IRS in San Antonio, Texas. Counsel asked Aguilar if he knew Susie Burns, a person who might be a witness in the case; Aguilar responded that he did not. Burns is Rowan’s mother, but counsel did not mention that relationship during voir dire. Rowan did not challenge Aguilar, and Aguilar was seated on the jury. Burns did not testify at trial but testified during the motion for new trial. Continue reading
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03-11-00653-CR Michael Edward Church v. The State of Texas–Appeal from 22nd District Court of Hays County

Appellant, Michael Edward Church, was convicted by a jury of the third degree felony offense of stalking. See Tex. Penal Code Ann. 42.072 (West Supp. 2012). Appellant opted to have the court assess punishment and the trial court assessed his punishment at confinement in the Institutional Division of the Texas Department of Criminal Justice for ten years. See id. 12.34 (West 2011). Continue reading
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03-11-00229-CR Rhonnie Odell Simmons v. The State of Texas–Appeal from 167th District Court of Travis County

A jury convicted Rhonnie Odell Simmons of the aggravated robbery of two men in one incident, and the trial court assessed sentence of two concurrent 15-year terms in prison. On appeal, Simmons raises three points of error: (1) the evidence was insufficient to prove that he used the knife as a deadly weapon, (2) the evidence was insufficient to prove that he was trying to appropriate property without the owner’s consent, and (3) his trial attorney rendered ineffective assistance of counsel by successfully objecting to a limiting instruction regarding the effect of his prior convictions. We will affirm the judgments of conviction. Continue reading
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03-11-00020-CR Robert Aaron Franz v. The State of Texas–Appeal from 27th District Court of Bell County

Robert Aaron Franz pleaded guilty to the charge of injury to a child and the trial court assessed sentence at thirty years in prison. Franz asserts on appeal that his trial counsel rendered ineffective assistance by failing to hire a medical expert to assess causation of the child’s injuries. He contends that the hiring of the expert would have made him aware of facts that would have caused him not to plead guilty. We will affirm the judgment. Continue reading
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